Queries
I am working with a private limited company from last two years, as I am into my Seventh month of pregnancy, i got a mail from my Director about my non performance and not adhering office timings, and other issue and they want me to resign from the Company after 31st oct as they know well that my delivery date is in November.

After all this they have written that they don't want to loose talent like me and want me to rejoin them in month of march 2018, what i can do in this case , as they are doing this so that they need not to given me maternity
15th September 2017 From India, Delhi

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Amit Aishwary Choudhary
Managing People At Work.
+3 Others

Dear Madam,

Before starting a discussion may you please describe the following things-

- Is ESIC ACT applicable in your Company?
- What is your date of Joining?
- Industry type?
Then you can find a suitable answer accordingly

Regards,

Amit
15th September 2017 From India, Delhi

Dear Payal,

Lot of discussion already has taken place on the issues that were similar to yours. You may check the past threads:

https://www.citehr.com/588745-matern...sons-such.html

https://www.citehr.com/587381-compan...ng-resign.html

https://www.citehr.com/588912-matern...asking-me.html

Check the replies of the experts as well as my replies. Make a action plan of how to handle the situation. Upload the action plan here. Some senior like to me will correct it.

Thanks,

Dinesh Divekar
15th September 2017 From India, Bangalore

If your company's all inclusive manpower is more than 10, the maternity benefit act becomes applicable to it & its employees become eligible to claim & receive eligible benefits.

Have you sent an email or some sort of communication to company about your pregnancy? If yes, please check copy of the same in sent items. Copy the whole page somewhere just in case. Any electronic communication is legally valid as per the Information Technology Act, 2000. If you have not intimated about pregnancy do it at once from your employee email id.

On one count they say your performance is not good & on the they say (or you deduce?) that they dont want to lose talent like you. So much for contradiction that points to fact that they dont want to pay you the benefit. If you have mail for second count, it will help you.

Now if they tell you to resign, you may mention that you will be forced to lodge complaint with labour office of your area. That should settle the case. Labour office will be able to take employer for both: contravening maternity benefit act. This is severally dealt by labour office.
15th September 2017 From India, Mumbai

Dear Payal,

Two things can’t go parallel, one hand your management is telling of non-performance and other part telling Talented.
Do not fall in to prey of your management, considering their plea of re-joining you after the delivery. I do not see that your employer will allow you to join. Why to resign for nothing when you ae guaranteed for leave by the law of the land for the cause.
You reply the email in continuation given by your employer: [ simply state that you are pregnant of seven months. Enclose the pregnancy conformity report, doctor’s report and date of delivery].
You apply the leave on ground and proceed. The denial of leave make your employer violation of provisions granted to a pregnant lady by the law of the land.
Our community members have already guided you to follow the guidance. Still you can consult any advocate for further...................
18th September 2017 From India, Mumbai

Dear Payal,

Now as per ESIC norms if your gross salary below Rs.21,000/- PM, as per latest ESIC notification maternity leave has extended from 12 weeks to 24 weeks.(6 Months).

If you have above salary you can apply medical leave aspsr. First once you will meet your employer show them all your pregnant reports and apply for maternity leave. other wise if they will not accept you can go through legal.

But any situations do'n t give resignation and in the mean wile try to implore where you are non performer.
18th September 2017 From India, Guntur

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